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106 S. Ct. 2548 (1986) | Cited 117912 times
... JUSTICE REHNQUIST delivered the opinion of the Court. The United States District Court for the District of Columbia granted the motion of petitioner Celotex Corporation for summary judgment against respondent Catrett because the latter was unable to produce evidence in support of her allegation in ...
58 S. Ct. 817 (1938) | Cited 13385 times
... MR. JUSTICE BRANDEIS delivered the opinion of the Court. The question for decision is whether the oft-challenged doctrine of Swift v. Tyson 1 shall now be disapproved. Tompkins, a citizen of Pennsylvania, was injured on a dark night by a passing freight train of the Erie Railroad Company while ...
100 S. Ct. 559 (1980) | Cited 6551 times
... MR. JUSTICE WHITE delivered the opinion of the Court. The issue before us is whether, consistently with the Due Process Clause of the Fourteenth Amendment, an Oklahoma court may exercise in personam jurisdiction over a nonresident automobile retailer and its wholesale distributor in a ...
37 F.3d 1069 (1994) | Cited 6531 times
... Per Curiam: In this products liability case, we hold that the district court appropriately and fairly granted summary judgment for the defendants. The plaintiffs are the heirs of Marvin Joe Little and Charles Carter. Little and Carter were experienced welders working in the wingtank of a barge. At ...
889 F.2d 1363 (1989) | Cited 5437 times
... WIDENER, Circuit Judge Appellant Robert Ridenour appeals from a $9,000,000 verdict awarded the appellee, Arnold Snyder, in a personal injury action stemming from a May 19, 1986 automobile accident in Indiana. We find no merit in Ridenour's contentions, and we affirm. At the time of the accident, ...
431 F.2d 409 (1970) | Cited 4744 times
... JOHN R. BROWN, Chief Judge: "Touching the Adventures and Perils which we, the said Underwriters, are contented to bear and take upon us, they are of the Seas, Men-of-War, Fire, Lightning, Earthquake, Enemies, Pirates, Rovers, Assailing Thieves, Jettisons, Letters of Mart and Counter-Mart, ...
107 S. Ct. 1542 (1987) | Cited 2563 times
... JUSTICE O'CONNOR delivered the opinion of the Court. In Pilot Life Ins. Co. v. Dedeaux, ante, p. 41, the Court held that state common law causes of action asserting improper processing of a claim for benefits under an employee benefit plan regulated by the Employee Retirement Income Security Act ...
98 S. Ct. 2396 (1978) | Cited 2177 times
... MR. JUSTICE STEWART delivered the opinion of the Court. In an action in which federal jurisdiction is based on diversity of citizenship, may the plaintiff assert a claim against a third-party defendant when there is no independent basis for federal jurisdiction over that claim? The Court of ...
97 S. Ct. 1730 (1977) | Cited 1980 times
... MR. JUSTICE STEVENS delivered the opinion of the Court. Respondent is in petitioner's custody pursuant to a conviction for second-degree murder. The question presented to us is whether the New York State trial judge's failure to instruct the jury on the issue of causation was constitutional error ...
55 F.3d 873 (1995) | Cited 1884 times
... Opinion OF THE COURT Becker, Circuit Judge. This is an underinsured motorist (UM) case governed by Pennsylvania law. The appeal arises out of an action filed in the United States District Court for the Eastern District of Pennsylvania by plaintiffs George and Evangelina Jumara seeking to appoint ...
105 S. Ct. 1568 (1985) | Cited 1814 times
... CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari to decide whether an individual reasonably suspected of engaging in criminal activity may be detained for a period of 20 minutes, when the detention is necessary for law enforcement officers to conduct a limited ...
100 S. Ct. 352 (1979) | Cited 1675 times
... Mr. JUSTICE WHITE delivered the opinion of the Court. Under the Federal Tort Claims Act (Act), 1 28 U. S. C. § 2401 (b), a tort claim against the United States is barred unless it is presented in writing to the appropriate federal agency "within two years after such claim accrues." The issue in ...
136 F.3d 455 (1998) | Cited 1437 times
... Summary Calendar Gene, Lucinda, Jonathan, Deona, and George Ragas (hereinafter "Ragas") appeal from the district court's order granting Koch Gateway Pipeline Company (hereinafter "Koch") summary judgment and the district court's order denying Ragas' motion to remand. Finding no error, we affirm. ...
229 N.E.2d 504 (1967) | Cited 1265 times
... Rehearing denied September 27, 1967. Raymond and Cleo Pedrick, husband and wife, brought this action in the circuit court of Tazewell County seeking damages from The Peoria and Eastern Railroad Company for injuries sustained when their automobile collided with one of defendant's trains at a ...
91 S. Ct. 1586 (1971) | Cited 1255 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. Georgia's Motor Vehicle Safety Responsibility Act provides that the motor vehicle registration and driver's license of an uninsured motorist involved in an accident shall be suspended unless he posts security to cover the amount of ...
123 S.Ct. 1513 (2003) | Cited 1253 times
... 538 U. S. ____ (2003) On Writ Of Certiorari To The Supreme Court Of Utah We address once again the measure of punishment, by means of punitive damages, a State may impose upon a defendant in a civil case. The question is whether, in the circumstances we shall recount, an award of $145 million in ...
31 F.3d 1092 (1994) | Cited 1231 times
... This case was removed to federal court from state court. The appeal asks whether federal diversity jurisdiction exists when plaintiff, in state court, seeks an award of actual and punitive damages "in such sum as the jury determines to be just, lawful and fair, but not more than $45,000.00", but ...
35 F.3d 717 (1994) | Cited 1214 times
... TABLE OF CONTENTS I. INTRODUCTION II. FACTS AND PROCEDURAL HISTORY III. SUBJECT MATTER JURISDICTION OF THE DISTRICT COURT IV. WAS THE IN LIMINE HEARING TAINTED BY UNFAIR PROCEDURES? A. Inadequate Opportunity to Depose Defense Experts B. Exclusion of Opinion of Experts for Whom No 26(b)(4) ...
104 S. Ct. 2091 (1984) | Cited 1208 times
... JUSTICE BRENNAN delivered the opinion of the Court. Payton v. New York, 445 U.S. 573 (1980), held that, absent probable cause and exigent circumstances, warrantless arrests in the home are prohibited by the Fourth Amendment. But the Court in that case explicitly refused "to consider the sort ...
47 F.3d 1404 (1995) | Cited 1195 times
... JERRY E. SMITH, Circuit Judge: Plaintiffs, the relatives of persons who died in an airline crash in Mexico, appeal the district court's denial of their motion to remand to state court, the failure of the district court to strike or sever the third party complaint by defendant Boeing Company ...
953 F.2d 909 (1992) | Cited 1173 times
... BARKSDALE, Circuit Judge: The widow and children of George Skotak (the Skotaks), appeal the summary judgment awarded Tenneco Resins, Inc. (TRI). Because the Skotaks did not produce sufficient evidence to create a genuine issue of material fact concerning the adequacy of the warning in issue, the ...
71 S. Ct. 153 (1950) | Cited 1172 times
... MR. JUSTICE JACKSON delivered the opinion of the Court. A common issue arising under the Tort Claims Act, as to which Courts of Appeals are in conflict, makes it appropriate to consider three cases in one opinion. The Feres case: The District Court dismissed an action by the executrix of Feres ...
371 F.3d 201 (2004) | Cited 1127 times
... PUBLISHED For the reasons more particularly set forth hereinafter, IT IS ORDERED that the petition for writ of mandamus is GRANTED. IT IS FURTHER ORDERED that Petitioners' motion (i) to VACATE the order of the United States District Court for the Eastern District of Texas dated February 18, 2004, ...
63 F.3d 1326 (1995) | Cited 1105 times
... JERRY E. SMITH, Circuit Judge: The 512 plaintiffs of a joint, state-law tort action (the "Allen plaintiffs" or "plaintiffs") appeal the removal of their claims to federal court. They contend that the district court erred in finding federal subject-matter jurisdiction under 28 U.S.C. § 1332 ...
104 S. Ct. 2755 (1984) | Cited 1072 times
... CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari in these two cases to determine whether the United States may be held liable under the Federal Tort Claims Act, 28 U. S. C. § 2671 et seq., for the negligence of the Federal Aviation Administration in certificating ...
66 S. Ct. 872 (1946) | Cited 1037 times
... MR. JUSTICE RUTLEDGE delivered the opinion of the Court. The principal question is whether the obligation of seaworthiness, traditionally owed by an owner of a ship to seamen, extends to a stevedore injured while working aboard the ship. Sieracki was employed by an independent stevedoring company ...
46 F.3d 1000 (1995) | Cited 1018 times
... BALDOCK, Circuit Judge. Plaintiff David Holt appeals the district court's dismissal of his complaint pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction. We have jurisdiction pursuant to 28 U.S.C. 1291, and we affirm. The instant dispute involves a fatal automobile ...
82 S. Ct. 585 (1962) | Cited 1001 times
... MR. CHIEF JUSTICE WARREN delivered the opinion of the Court. The question to be decided in this case is what law a Federal District Court should apply in an action brought under the Federal Tort Claims Act 1 where an act of negligence occurs in one State and results in an injury and death in ...
326 F.3d 644 (2003) | Cited 954 times
... ON PETITION FOR REHEARING (Opinion January 17, 2003, 5th Cir. 2003, ____F.3d___) We deny the Defendants' motion for rehearing. In response to their petition for panel rehearing, we substitute the following opinion in place of the opinion as originally issued: Plaintiff Mary Travis appeals the ...
451 F.3d 1196 (2006) | Cited 893 times
... PUBLISH Before LUCERO, McKAY, and McCONNELL, Circuit Judges. Terry Minter, the plaintiff-appellant, is a professional painter who was severely injured after falling from an elevated work platform. He filed a personal injury lawsuit against the manufacturer and distributor of the work platform. ...
144 S.W.3d 477 (2004) | Cited 857 times
... Meyers, J., delivered the opinion of the Court, in which Price, Johnson, Keasler, Hervey, Holcomb, and Cochran, JJ., joined. Keller, P.J., concurred. Womack, J., dissented. OPINION Appellant Jose Zuniga was charged in two counts with intoxication manslaughter and manslaughter. The jury acquitted ...
895 F.2d 46 (1990) | Cited 852 times
... SELYA, Circuit Judge. In this diversity case, appellants calumnize the district court for taking too grudging a view of alternative liability under Massachusetts tort law. But they are attempting to slide into home plate without ever having reached second base. I Appellants, plaintiffs below, ...
919 F.2d 1525 (1990) | Cited 851 times
... This case arises from a collision between two automobiles, one driven by an employee of the United States Government and the other driven by the plaintiff, Dolcie Lawrence. Lawrence appeals the dismissal for lack of subject matter jurisdiction of her suit brought under the Federal Tort Claims Act ...
796 F.2d 217 (1986) | Cited 829 times
... Before EASTERBROOK, Circuit Judge, ESCHBACH, Senior Circuit Judge, and GRANT, Senior District Judge.*fn* ESCHBACH, Senior Circuit Judge. The primary issue presented in this appeal from a judgment for the defendant in this personal-injury diversity suit is whether the district court improperly ...
88 S. Ct. 733 (1968) | Cited 824 times
... MR. JUSTICE HARLAN delivered the opinion of the Court. This controversy, involving in its present posture the dismissal of a declaratory judgment action for non-joinder of an "indispensable" party, began nearly 10 years ago with a traffic accident. An automobile owned by Edward Dutcher, who was ...
69 S. Ct. 1018 (1949) | Cited 822 times
... MR. JUSTICE RUTLEDGE delivered the opinion of the Court. The primary question is whether the coverage of the Federal Employers' Liability Act and the Boiler Inspection Act 1 includes injuries in the nature of occupational disease, here silicosis, or is confined exclusively to injuries inflicted ...
85 S. Ct. 234 (1964) | Cited 815 times
... MR. JUSTICE GOLDBERG delivered the opinion of the Court. This case involves the validity and construction of Rule 35 (a) of the Federal Rules of Civil Procedure as applied to the examination of a defendant in a negligence action. Rule 35 (a) provides: "Physical and Mental Examination of Persons. ...
25 Cal.4th 763 (2001) | Cited 813 times
... We granted review in this case to consider important issues concerning the liability of apartment owners and other business enterprises to persons injured on their premises by the criminal acts of others, a liability based solely on the business owners' negligent failure to provide adequate ...
916 S.W.2d 779 (1996) | Cited 801 times
... AFFIRMING JOHNSON, JUDGE: This appeal raises the question of the liability of homeowners for damages sustained by a social guest from a swimming pool injury. The Jefferson Circuit Court found a lack of a legal duty and granted summary judgment in favor of the homeowners. We affirm. On August 15, ...
8 Cal.4th 548 (1994) | Cited 790 times
... BAXTER, J.: Plaintiff's ankles were badly injured when her General Motors (GM) car collided with another vehicle. She sued GM, asserting that defects in her automobile allowed its left front wheel to break free, collapse rearward, and smash the floorboard into her feet. GM denied any defect and ...
11 Cal.4th 1 (1995) | Cited 789 times
... LUCAS, C.J.: We granted review to decide the recurring issue whether a commercial general liability insurer is required to defend a third party action that seeks incidental emotional distress damages caused by the insured's noncovered economic or business torts. The Court of Appeal below concluded ...
561 F.2d 494 (1977) | Cited 784 times
... RUSSELL, CIRCUIT JUDGE: This is a products liability case. On the eve of its trial, default judgment on liability was ordered by the District Court against the defendants-manufacturers under Rule 37(b), Fed.R.Civ.P., 28 U.S.C., on the basis of a finding of failure to comply with an oral order in ...
26 Cal.4th 465 (2001) | Cited 762 times
... On July 1, 1993, Gian Luigi Ferri killed eight people and wounded six-and then killed himself-during a shooting rampage at 101 California Street, a high-rise office building in San Francisco. Survivors and representatives of some of Ferri's victims (plaintiffs) sued defendant Navegar, Inc. ...
50 Ohio St.2d 317 (1977) | Cited 715 times
... > I. CELEBREZZE, J. This is a products liability action brought under theories of negligence, implied warranty, and strict liability in tort. The latter two counts are virtually indistinguishable, 1 and appellants concede by their brief that implied warranty has been included as a theory ...
534 F.2d 566 (1976) | Cited 707 times
... Opinion OF THE COURT GIBBONS, Circuit Judge. This is an appeal from an order in a diversity case granting defendant's motion for summary judgment. 1 The original plaintiffs were Florence L. Goodman and her husband, Robert J. Goodman. While the action was pending Florence Goodman died, and Robert ...
83 S. Ct. 1850 (1963) | Cited 672 times
... MR. CHIEF JUSTICE WARREN delivered the opinion of the Court. The question in this case is whether a person can sue under the Federal Tort Claims Act 1 to recover damages from the United States Government for personal injuries sustained during confinement in a federal prison, by reason of the ...
465 F.3d 156 (2006) | Cited 670 times
... Before JOLLY, HIGGINBOTHAM, and SMITH, Circuit Judges. This case brings questions of whether an employee acted within the permissive use authorized by his employer, Goodyear Tires, when he fell asleep at the wheel of a company truck. Applying Texas law, we conclude that genuine issues of material ...
530 F.3d 395 (2008) | Cited 669 times
... Before REAVLEY, GARZA, and DENNIS, Circuit Judges. Delta & Pine Land Company ("DPL") appeals the district court's grant of summary judgment in favor of defendants Nationwide Agribusiness Insurance Company and Nationwide Mutual Insurance Company (collectively, "Nationwide"). DPL argues that the ...
45 F.3d 951 (1995) | Cited 668 times
... JOHNSON, Circuit Judge: Shipper brought action under COGSA 1 to establish carrier's liability for damage to cargo. The district court granted summary judgment in favor of carrier, however, finding that the carrier had successfully made out a defense under 46 U.S.C. § 1304(2)(q) by showing that ...
82 Cal.App.4th 1329 (2000) | Cited 657 times
... CERTIFIED FOR PARTIAL PUBLICATION 1 * COPY APPEAL from a judgment of the Superior Court of San Joaquin County. Honorable Richard M. Mallett, Judge. Affirmed. Defendant Luis Alonso Molina appeals from the judgment and sentence imposed following his conviction for driving under the influence of ...
74 S. Ct. 202 (1953) | Cited 657 times
... MR. JUSTICE BLACK delivered the opinion of the Court. The respondent Charles Hawn sustained severe physical injuries when he slipped and fell through an uncovered hatch hole on the petitioner Pope & Talbot's vessel. The ship was then berthed at a pier located in Pennsylvania waters of the Delaware ...
79 S. Ct. 468 (1959) | Cited 655 times
... MR. JUSTICE FRANKFURTER delivered the opinion of the Court. Petitioner Francisco Romero, a Spanish subject, signed on as a member of the crew of the S. S. Guadalupe for a voyage beginning about October 10, 1953. The Guadalupe was of Spanish registry, sailed under the Spanish flag and was ...
824 F.2d 1380 (1987) | Cited 653 times
... PHILLIPS, Circuit Judge: This is a 42 U.S.C. § 1983 action in which after two trials Henry Spell was awarded substantial damages against the City of Fayetteville, North Carolina (the City), and Charles McDaniel, a City police officer, as a result of physical injury inflicted on Spell by McDaniel ...
891 F.2d 1154 (1990) | Cited 632 times
... E. GRADY JOLLY, Circuit Judge: A judgment for $1,061,656.01 was entered against the United States under the Federal Tort Claims Act in a suit for medical malpractice brought by the family of a patient who died after surgery at an Army hospital in Louisiana. The United States filed a motion to ...
730 F.2d 1228 (1984) | Cited 625 times
... ALARCON, Circuit Judge: Appellant Howard L. Bashor (Bashor), a Montana prisoner, petitioned for a writ of habeas corpus in federal district court pursuant to 28 U.S.C. § 2254. The district court, 539 F. Supp. 259, denied the petition. Bashor appeals. We affirm. FACTS Appellant Bashor was ...
395 F.3d 577 (2005) | Cited 624 times
... Argued: September 14, 2004 OPINION Petitioner-Appellant Larry Pat Souter ("Souter") appeals the district court's dismissal of his petition for a writ of habeas corpus. Souter, currently incarcerated in a Michigan correctional facility, was convicted in 1992 of the murder of Kristy Ringler. In ...
30 Cal.4th 1166 (2003) | Cited 617 times
... A Los Angeles County jury convicted defendant Tracey Lavell Carter of the robbery and murder of David Thompson, the robbery of Namora Thompson, the murder and attempted robbery of Leopoldo Salgado, and the attempted robbery and attempted premeditated murder of Manuel Figueroa. (Pen. Code, §§ 187, ...
754 F.2d 1212 (1985) | Cited 614 times
... Before RUBIN, RANDALL and TATE, Circuit Judges. RANDALL, Circuit Judge: Georgia-Pacific Corporation operates a large number of sawmills and manufacturing plants. In 1978, Georgia-Pacific sold an obsolete sawmill trimmer from its plant in El Dorado, Arkansas, to a used equipment dealer. The ...
677 F.2d 1018 (1982) | Cited 613 times
... In this appeal Henry R. Tresvant, III, challenges the sufficiency of the evidence underlying his conviction of involuntary manslaughter. 18 U.S.C. § 1112 (1976). 1 Our range of inquiry into the sufficiency of evidence supporting jury verdicts in criminal cases is necessarily somewhat constrained, ...
90 S. Ct. 1772 (1970) | Cited 610 times
... MR. JUSTICE HARLAN delivered the opinion of the Court. We brought this case here to consider whether The Harrisburg, 119 U.S. 199, in which this Court held in 1886 that maritime law does not afford a cause of action for wrongful death, should any longer be regarded as acceptable law. The ...
150 F.3d 729 (1998) | Cited 590 times
... Thomas J. Curran, Judge. Argued May 15, 1998 A jury awarded the plaintiff damages of $135,000 in a diversity suit governed by Wisconsin law. The damages were broken down as follows: $117,000 for promissory estoppel, $1,000 for misrepresentation, and $17,000 for unjust enrichment. In response to ...
489 N.E.2d 867 (1986) | Cited 584 times
... This medical malpractice action was instituted by the plaintiff, Carol L. Purtill, for damages occasioned by the alleged negligence of the defendants, George Elfers, M.D., J.H. Hess, M.D., and Gibson Community Hospital, in the care, diagnosis, and treatment of the plaintiff during and following the ...
80 S. Ct. 926 (1960) | Cited 579 times
... MR. JUSTICE STEWART delivered the opinion of the Court. The petitioner was a member of the crew of the Boston fishing trawler Racer, owned and operated by the respondent. On April 1, 1957, the vessel returned to her home port from a 10-day voyage to the North Atlantic fishing grounds, loaded ...
111 S. Ct. 403 (1990) | Cited 575 times
... JUSTICE O'CONNOR delivered the opinion of the Court. This case calls upon the Court to decide whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U. S. C. § 1001 et seq., pre-empts a Pennsylvania law precluding employee welfare benefit plans from ...
19 Cal.4th 686 (1998) | Cited 570 times
... In this case, we consider whether a defendant charged with carjacking, robbery, and theft, based upon the commission of a single act or course of conduct, may be convicted of multiple offenses. As we shall explain, we conclude that a defendant may be convicted of both carjacking and robbery, or of ...
945 F.2d 716 (1991) | Cited 562 times
... MURNAGHAN, Circuit Judge Appellant Sharon Temkin was severely injured when the car she was driving was struck by the vehicles of a fleeing misdemeanant and the police officer pursuing him. Temkin and her husband (the Temkins) subsequently brought an action pursuant to 42 U.S.C. § 1983 in the ...
901 F.2d 1486 (1990) | Cited 552 times
... JOHN R. GIBSON, Circuit Judge. On October 29, 1986, Joseph Crinklaw, an officer of the Omaha Police Department, responded to a burglary alarm at a pharmacy. When Officer Crinklaw arrived at the pharmacy, he saw Arden Westcott ("Decedent") standing near the store's rear door. Decedent then began to ...
676 F.2d 965 (1982) | Cited 541 times
... Opinion OF THE COURT Fireman's Insurance Company of Newark, New Jersey (Fireman's) appeals from the grant of summary judgment in favor of Raymond DuFresne, requiring Fireman's to submit to arbitration DuFresne's claim for uninsured motorist coverage. Since the undisputed affidavits on file ...
79 S. Ct. 406 (1959) | Cited 535 times
... MR. JUSTICE STEWART delivered the opinion of the Court. On November 24, 1948, the respondent's vessel, the S. S. Oregon, was berthed at a pier in the North River, New York City. About noon on that day Joseph Kermarec came aboard to visit Henry Yves, a member of the ship's crew. The purpose of the ...
784 F.2d 577 (1986) | Cited 534 times
... Before Henry A. Politz, Will Garwood, and E. Grady Jolly, Circuit Judges. HENRY A. POLITZ, Circuit Judge: Odie Joe Reid appeals the grant of summary judgment rejecting his claim for loss of consortium against State Farm Mutual Automobile Insurance Company, his uninsured motorist insurer, ...
73 S. Ct. 921 (1953) | Cited 533 times
... MR. JUSTICE JACKSON delivered the opinion of the Court. The key issue in this case is whether statutes of the United States should be applied to this claim of maritime tort. Larsen, a Danish seaman, while temporarily in New York joined the crew of the Randa, a ship of Danish flag and registry, ...
907 S.W.2d 517 (1995) | Cited 524 times
... Argued Sept. 20, 1994. The Motion For Rehearing is overruled. Our opinion of March 2, 1995, is withdrawn and the following opinion is substituted. In this action for damages, injunctive relief, and a declaration of coverage, the issue is whether so-called "absolute pollution exclusions" in ...
972 F.2d 53 (1992) | Cited 514 times
... Opinion OF THE COURT SCIRICA, Circuit Judge. In this diversity case, Harold and Ruth Katz allege that the Aetna Casualty and Surety Company intentionally concealed the existence of a liability policy issued by another insurance company, and that this concealment constituted a violation of the ...
70 S.W.3d 698 (2002) | Cited 500 times
... The defendant entered guilty pleas to five counts of aggravated assault and was sentenced to three years for each conviction. 1 The trial court ordered three of the sentences for aggravated assault to be served consecutively, for an effective sentence of nine years. The Court of Criminal Appeals ...
989 F.2d 812 (1993) | Cited 498 times
... Per Curiam: Plaintiffs-Appellants Rex and Rose Jernigan (collectively, Jernigan) appeal the dismissal of their claims against Defendants-Appellees Ashland Oil Inc. (Ashland Oil), Ashland Pipe Line Co. (Ashland Pipeline), and Drilled Crossings, Inc., claiming that removal under 28 U.S.C. § 1446(b) ...
98 S. Ct. 1912 (1978) | Cited 498 times
... MR. JUSTICE POWELL delivered the opinion of the Court. In Bates v. State Bar of Arizona, 433 U.S. 350 (1977), this Court held that truthful advertising of "routine" legal services is protected by the First and Fourteenth Amendments against blanket prohibition by a State. The Court expressly ...
507 U.S. 658 (1993) | Cited 494 times
... JUSTICE WHITE delivered the opinion of the Court. Thomas Easterwood was killed on February 24, 1988 when a train owned and operated by petitioner and cross-respondent CSX Transportation collided with the truck he was driving at the Cook Street crossing in Cartersville, Georgia. His widow, ...
866 N.E.2d 867 (2007) | Cited 494 times
... FOR PUBLICATION OPINION FOR PUBLICATION Case Summary Michael Rutherford appeals his convictions and six-year sentence for one count of Class C felony attempted battery with a deadly weapon and one count of Class D felony criminal recklessness. We affirm in part, reverse in part, and remand. ...
133 S.W.3d 217 (2004) | Cited 494 times
... Argued October 30, 2002 JUSTICE WAINWRIGHT delivered the opinion of the Court with respect to parts I., II., III.A., III.B., III.C.2., III.C.3., III.D., and IV., in which CHIEF JUSTICE PHILLIPS, JUSTICE HECHT, JUSTICE OWEN, and JUSTICE SMITH joined, and a plurality opinion with respect to Part ...
46 F.3d 1298 (1995) | Cited 487 times
... COWEN, Circuit Judge. This appeal arises from an order dismissing a personal injury suit without prejudice after the plaintiff failed to serve a summons upon the defendant within 120 days of filing the complaint as required by Rule 4 of the Federal Rules of Civil Procedure. The issue of whether, ...
184 F.3d 1300 (1999) | Cited 482 times
... PUBLISH Appeals from the United States District Court for the Northern District of Georgia *Honorable John F. Nangle, Senior U.S. District Judge for the Eastern District of Missouri, sitting by designation. Catherine "Kip" Allison sought recovery in district court for injuries allegedly suffered ...
100 S. Ct. 571 (1980) | Cited 475 times
... MR. JUSTICE MARSHALL delivered the opinion of the Court. This appeal presents the question whether a State may constitutionally exercise quasi in rem jurisdiction over a defendant who has no forum contacts by attaching the contractual obligation of an insurer licensed to do business in the State ...
83 S. Ct. 659 (1963) | Cited 469 times
... MR. JUSTICE WHITE delivered the opinion of the Court. Upon a special verdict of the jury, the Common Pleas Court of Cuyahoga County, Ohio, entered judgment awarding damages to petitioner in this Federal Employers' Liability Act 1 suit. The Court of Appeals reversed, 173 N. E. 2d 382, and the Ohio ...
902 F.2d 194 (1990) | Cited 451 times
... JON O. NEWMAN, Circuit Judge: This appeal of a diversity case raises several issues concerning the assertion of personal jurisdiction over foreign corporations pursuant to N.Y.Civ.Prac.L. & R. §§ 301 & 302 (McKinney 1972 & Supp. 1990). The issues arise on plaintiffs' appeal from the August 3, ...
183 F.3d 279 (1999) | Cited 450 times
... Argued March 23, 1999 (Filed July 26, 1999) OPINION OF THE COURT Kimberly Raso, an off-duty police officer, shot and killed Robert Abraham in a mall parking lot while Abraham was trying to escape from a Macy's store where he had been stealing clothes. Raso was working as a mall security guard at ...
873 F.2d 1338 (1989) | Cited 443 times
... Before: William C. Canby, Jr., Charles Wiggins and Diarmuid F. O'Scannlain, Circuit Judges. Order The Memorandum disposition filed on April 4, 1989 has been designated an opinion for publication by Judge Wiggins. CHARLES WIGGINS, Circuit Judge: Appellants Fu-Kong Tzung and Jean Tzung appeal ...
14 F.3d 526 (1994) | Cited 442 times
... BRORBY, Circuit Judge. Sharon Cone appeals the district court's order granting summary judgment in favor of the defendant, Longmont United Hospital. Alleging she suffered age discrimination because of disparate treatment under Longmont United Hospital's leave of absence policy, Ms. Cone brought ...
95 S. Ct. 1708 (1975) | Cited 441 times
... MR. JUSTICE STEWART delivered the opinion of the Court. More than a century ago, in The Schooner Catharine v. Dickinson, 17 How. 170, this Court established in our admiralty law the rule of divided damages. That rule, most commonly applied in cases of collision between two vessels, requires the ...
585 F.2d 946 (1978) | Cited 436 times
... Appellant BOAC appeals from an order of the United States District Court for the Western District of Washington granting appellee The Boeing Company ("Boeing") summary judgment in a suit arising out of the crash of a Boeing 707 near Mt. Fuji, Japan, on March 5, 1966. BOAC, which owned and operated ...
64 S. Ct. 232 (1943) | Cited 435 times
... MR. JUSTICE REED delivered the opinion of the Court. This case arose under the Federal Employers' Liability Act. 1 Certiorari to the Supreme Court of North Carolina was sought and granted to consider the retroactivity of the last amendment to the Act in conjunction with the contention that there ...
770 F.2d 984 (1985) | Cited 433 times
... CLARK, Circuit Judge: This is an appeal from a summary judgment order entered by the district court in a products liability action. The facts giving rise to this litigation are relatively simple and generally undisputed. The appellant was injured, on October 20, 1974, when the automobile in which ...
85 S. Ct. 308 (1964) | Cited 430 times
... MR. JUSTICE BLACK delivered the opinion of the Court. The petitioner, administratrix of the estate of her son Daniel Gillespie, brought this action in federal court against the respondent shipowner-employer to recover damages for Gillespie's death, which was alleged to have occurred when he ...
72 Cal.App.4th 621 (1999) | Cited 429 times
... CERTIFIED FOR PUBLICATION This appeal arises from a lawsuit alleging permanent personal injuries arising from exposure to asbestos and products containing asbestos. Denis B. Howard and Malee C. Howard appeals a special jury verdict for respondent Owens Corning 1 finding that his exposure to ...
296 S.E.2d 649 (1982) | Cited 428 times
... I. The Court of Appeals' majority and dissenting opinions present an extensive recitation of the facts; reference is made to those opinions. 56 N.C. App. 748, 290 S.E.2d 376 (1982). We present a summary of the facts sufficient to understand the contentions addressed. Evidence for the State tended ...
592 F.2d 1293 (1979) | Cited 427 times
... In 1974, John Butler, administrator of the estate of Agnes Butler, secured an $80,000 judgment in Mississippi state court against Billy Polk, d/b/a B & P Used Parts, and John George, an employee of Polk. This liability arose out of the death of Mrs. Butler after a collision between her car and a ...
826 F.2d 732 (1987) | Cited 424 times
... LARSON, Senior District Judge Defendants Leon K. and Joyce Farrow appeal from the district court's grant of summary judgment in favor of plaintiff AgriStor Leasing. The Farrows are grain and livestock farmers in Ledyard, Iowa. Following numerous solicitations by Norman Nicol, an employee of a ...
819 F.2d 547 (1987) | Cited 424 times
... The district court granted the defendant's motion for summary judgment, dismissing this death action under the Jones Act and the General Maritime Law. It is undisputed that Christopher Martin, a seaman aboard the tugboat OLGA STONE, disappeared into the Mississippi River on February 23, 1985, just ...
346 F.3d 752 (2003) | Cited 423 times
... ARGUED MAY 14, 2003 Perry L. Scott, Sr. and other individuals (collectively, "the plaintiffs") brought this action on behalf of the deceased Phillip Scott ("Mr. Scott") in Illinois state court. They claimed that Officer Rodney Edinburg ("Officer Edinburg") impermissibly had used deadly force in ...
81 S. Ct. 1570 (1961) | Cited 423 times
... MR. JUSTICE BLACK delivered the opinion of the Court. This case raises questions under that part of 28 U. S. C. § 1332, as amended in 1958, 1 which grants jurisdiction to United States District Courts of all civil actions between citizens of different States "where the matter in controversy ...
423 F.3d 763 (2005) | Cited 419 times
... ARGUED JUNE 8, 2005 Before CUDAHY, EVANS and WILLIAMS, Circuit Judges. Plaintiff Halima Abdullahi, mother of a man who died during (or shortly after) defendant police officers' attempts to subdue and arrest him, brought a Fourth Amendment Claim against the City of Madison and the police officers ...